TC Ord. No. 1996-24 Amending Chapters 9.16 of the Avon Muni CodeORDINANCE No. 96- 24
AN ORDIINMCE AMENDING CHIApTER 9.16 OF THE
MUNICIPAL. CODE OF THE TOWN OF AVON RELATING
TO POSSESSION OF DRUG PARAPHERNALIA; AN D
PROVIDING PENALTIES FOR THE VIOLATION HEREOF
COLORADO: BE IT ORDA i NEHD By T'fE TOWN COUNC 1 L OF THE TOWN OF Avon,
Section I.. Amendment. Chapter 9.16 of Title 9 of the
municipal Code of tie 'down of Avon is amended with the addition
of new sections as follows:
" °�.16.115 Drug Paraphernalia- Definitions.
"Drug Paraphernalia " weans all equipment, products, and
materials of any kind which are used, intended for use, -or
designed for use in planting, propagating, Cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processin g, preparing, testing,
analyzing, packaging,
repackaging, storing, containing, concealing, ,injecting,
ingesting, inhaling, or otherwise .introducing into the human body
a controlled substance in violation of the flaws of this state.
"Drug paraphernalia"" irncludes, but is not limited to:
(A) Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the strength,
effectiveness, or purity of controlled substances under
circumstances in violation of the laws of this state;
designed for)usecin weighing loan cmeasuringicontrolledssubs nc
stances;
(C) Separation gins and sifters used, intended for
use, or designed for use in removing twigs and seeds from or in
otherwise cleaning or refining marihuana;
(0) Blenders, bowls, containers, spoons, and mixing
devises used, intended for use, or designed for use in
compounding controlled substances;
(E) Capsules, balloons, envelopes, and other
containers used, intended for use, or designed for use in
packaging small quantities of controlled substances;
use, or designed for$ use and other
storing objects
controlled o
substances,; or
(G) Objects used, intended for use, or designed for
use in Ingesting, inhaling, or otherwise introducing marihuana,
cocaine, hashish, or hashish oil into the human body, such as:
(g) Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured metal bowls;
(11) Water pipes;
(111) Carburett ion tubes and devices;
(IV) Smoking and carburetti ®n masks;
(V) :poach clips, meaning objects used to hold
burning material, such as a marihuana cigarette that has become
too small or too short to be held in the hand;
(VI) Miniature cocaine spoons and cocaine vials;
(VII) Chamber pipes;
(VIII) Carburetor pipes;
(12) Electric pipes;
(X) Air- driven pipes;
(XI) Chilluamms;
(XII) Bongs; or
(XIII ) Ice pipes or chillers."
"9.16.117
iderations.
lia -
(1)' In determining whether an object is drug
paraphernalia; a court, in.its discretion, may consider, in
addition to all other relevant factors, the following:
(a) Statements by an owner or by anyone in
control of the object concerning its use;
(b) The Proximity of the object to controlled
substances;
(G) The existence of any residue of controlled
substances on {the object;
(d) Direct or circumstantial evidence of the
knowledge of an owner, or of anyone in conttrol of the object, or
evidence that. such person reasonably should know, that it will be
delivered to persons who he knows or reasonably should know,,
could use the object to facilitate a violation of sections
9.16.115 through 9.16.119;
(e) Instruction, oral or written, provided with
the ,object concerning its cruse,
(f) Descriptive materials accompanying the object
which explain or depict its nose;
(g) National or local advertising concerning its
use,
for sale; h) The manner in which the object is displayed
(i) whether the owner, or anyone in control of
the object, is a supplier of like or related Items to the
community for legal purposes, such as an authorized distributor
or dealer of'tobacco products;
(j) The existence and scope of legal uses for the
object in the community;
(k) Expert testimony concerning its use.
(2) In the event a case brought pursuant to sections
9.16.115 to 9.16.119 is trued before a jury, the court shall hold
an evidentiary hearing on issues raised pursuant to this section.
Such hearing shall be conducted in camera. "'
"9.16.119 Possession of Drug Paraphernalia.
A person commits possession of drug paraphernalia if
he possess drug paraphernalia and knows or reasonably should know
that the drug paraphernalia could be used under circumstances in
violation of the lams of this state. "
Section 2. Severability. If any part, section,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council
for the Town of Avon hereby declares it would have passed this
Ordinance and each part, section, sub - section, sentence, clause
or phrase thereof, irrespective off the fact that any one or more
parts, sections, sub)-sections, sentences, clauses or phrases be
declared invalid.
Section 3. Penalty. Any person who commits
possession of drag paraphernalia commits a class 2 peaty offense
and, upon conviction thereof, shall be punished by a fine of not
more than one hundred dollars.
1[NTRODUCEE►, PASSED ON FIRST READING, APPROVED AND
ORDERED POS'T'ED, this; 10th day of gecember , 1996, and a
public hearing on this Ordinance shall he held at the regular
meeting of the Town Council of the Town of Avon, Colorado on
14tthday of jaffnuary , 1997 at 7:30 p.m. in the
Municipal Building of the Town of Avon, Colorado.
Yo 4
i
the
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 14th day of Ja.anuaKy , 1997.
Town Attorney:
r
S T ATE OF C'OI aOR:2 -�-0
COUN'T'S OF EAG LE ? SS
TOM OF A a%"
NOTICE IS RTREBY GIV, 'EN, OF A PUBLIC REARING BEFORE THE TOWN
COUNCIL OF THE TORN OF AV- N, COLORADO AT 5:30 P.M. ON TT'HE 14'I°H
DAY CE JA rUARY, 1.9''7, AT THE TOWN MUNICIPAL, PAL, BaUI' DIING FOR THE
PURPOSE CF , CONS IDER ING THE A.DQFT TG�N 't�F 'OEDI?�IA��CE NO . 96 - 24 ,
SERIES OF 1996:
AN ORDINANCE JIME BDIll G CHAPTER -9.26 OF THE MUNICIPAL CODE OF
THE TOE OF AVON RELATING TC POSSESSION CP DRUG
PARAPHERNALIA,; AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice is given and posted by corder of the Town Council of
the Town of Avon, Colorado
Dated. this 12th day of December, 1996.
T0161 AVON, COLORADO
[
BY :
Patty Lamb6 = , CMC
'Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
DECKER 12, 1996;
EAGLE -END APART14ENTS - CLUBHOUSE LAUNDRY;
CI"T"Y MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY